Most immigration law is codified in the Immigration and Nationality Act (INA), 8 U.S.C. § 1101 et seq. The INA controls a broad range of matters concerning noncitizens, including the admission of immigrants and nonimmigrants, visa categories and requirements, asylum and refugee status, and naturalization.
The INA defines noncitizens as persons who are not nationals or citizens of the U.S. and divides noncitizens into two main visa categories: immigrants and nonimmigrants.
All noncitizens are presumed immigrants unless they can affirmatively show that they are nonimmigrants. Immigrants include persons who either already have or are applying for lawful permanent residency status (“LPR” or “Green Card”), undocumented persons, and nonimmigrants.
Any person who may be admitted into the U.S. is an admissible noncitizen.
Any person who may be removed after admission or entry into the U.S. is a deportable person.
Inadmissibility applies to those who are seeking admission into the U.S. and are not in the U.S. There are seven categories under which a person may be deemed inadmissible: (1) persons with communicable diseases of public health significance; (2) persons considered likely to become a public charge; (3) persons who have committed crimes involving moral turpitude or violations of state, federal, or foreign laws related to controlled substances; (4) persons that threaten U.S. national security or foreign policy; (5) persons engaged in a broad range of U.S. immigration violations; (6) persons engaged in quasi-criminal behavior that contradicts contemporary American moral values; and (7) persons who have acted in a manner that deems them inadmissible according to the discretion of the U.S. government. Noncitizens may secure a waiver of these inadmissibility grounds.
The only way for noncitizens to remain indefinitely in the U.S. is by obtaining lawful permanent residency status (“LPR” or “Green Card”), which can be obtained by securing an immigrant visa.
Noncitizens may seek one of seven immigrant visas. Family-based immigrant visas are reserved for persons with a close familial relationship with a U.S. citizen or an LPR. Employment-based immigrant visas are designed for uniquely-skilled or needed foreign workers. Asylees and refugee status are reserved for persons forced to leave their country to escape persecution or fear of persecution on account of race, religion, nationality, membership in a particular social or political group, or any combination thereof.
Any person granted temporary admission to the U.S. is a nonimmigrant. Nonimmigrant visas have specific requirements that must be met before and after admission into the U.S.
There are seven categories of nonimmigrant visas: tourism (B-1 and B-2); educational (F-1, J-1, and M-1); special or family related (K and V); work or business (B-1, E, H, H-1B, H-2A, H-2B, H-3, I, L, O, P, Q, R and TN); governmental or quasi-governmental (A and G); law enforcement related visas (S, T, and U); and miscellaneous (C, D, NATO, N).
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